In an eviction, your landlord takes legal action to remove you from your rental property. Here's what happens and what you can do:
- If your landlord wants to evict you, they'll start by giving you court papers called a "Notice of Petition and Petition." You should try to find a lawyer to help you during this time.
- On the first court date, you can ask the judge to delay your case for 14 days. This gives you more time to find a lawyer and work out an agreement with your landlord.
- During this period, you can also try to reach a settlement with your landlord, which means you both agree on specific terms. For instance, they might forgive your owed rent if you leave by a certain date. Settlements are common.
- If you can't agree on a settlement, both sides will present their evidence to the judge, who will then make a decision and issue an order.
- If the judge rules in favor of your landlord, the judge will issue an eviction warrant. Your landlord has to give court papers to the Sheriff or Marshall. The Sheriff or Marshall will serve you a 14-day eviction notice. After 14 days, the Sheriff or Marshall can remove you and your belongings. Remember that only law enforcement officials, like the Sheriff, can evict you from your home.
If you're in court because you didn't pay your rent, you have 14 days to pay the full amount to avoid eviction.
Last Reviewed: November 5, 2023